JURY: Challenge to jury selection process based on 2 people listed on panel who had moved from the County properly rejected without a hearing but taking judicial notice of Kutzman’s findings & conclusions in another case… Best affirmed. [Read more…]
Sex offender designation, evaluator v. Judge discretion
SEX OFFENDER DESIGNATION: Judge properly went beyond sex evaluator’s recommendation of tier 1 to designate child rape Defendant tier 2… Parker affirmed. [Read more…]
Restitution, $280,000 for theft of cash from safe
RESTITUTION: $280,000 properly awarded for theft of cash from deceased’s safe… Kutzman affirmed (memorandum). [Read more…]
DUI, blood draw of unconscious motorcyclist
DUI: Sufficient probable cause for investigative subpoena to obtain blood of unconscious motorcyclist but Trooper instead properly asked hospital staff to preserve blood drawn earlier… Best affirmed. [Read more…]
Drugs/child endangerment, proof that substance was meth
DRUGS/CHILD ENDANGERMENT: Sufficient evidence for jury to find that untested substance provided to teen was meth… Defendant’s right to opportunity for allocution properly satisfied… convictions affirmed… Parker affirmed. [Read more…]
Theft, references to “jail,” drugs traded for license plate
THEFT: Mistrial based on references to stolen vehicle Defendant’s “jail” status properly denied… instruction for unauthorized use of a vehicle as lesser-included of theft by possession of stolen property properly denied… evidence that Defendant traded drugs for stolen plate properly admitted as transaction evidence, but why counsel stipulated to admission more amenable to postconviction… Parker affirmed. [Read more…]
Rape, false-claims statistics improper bolstering
RAPE: Expert testimony on statistics of false claims of rape improperly bolstered accuser’s credibility in “he said, she said” case… conviction reversed, remanded for new trial… Christopher reversed. [Read more…]